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Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (twelfth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
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THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,
Having regard to the proposal from the Commission(1), drawn up after consultation with the Safety and Health Commission for the Mining and Other Extractive Industries,
In cooperation with the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the safety and health of workers;
Whereas, pursuant to that Article, such Directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;
Whereas the improvement of workers’ safety, hygiene and health at works is an objective which should not be subordinated to purely economic considerations;
Whereas Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)(4) does not apply to the extractive industries;
Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health for surface and underground mineral-extracting industries is essential to ensure the safety and health of workers;
Whereas surface and underground mineral-extracting industries constitute an area of activity likely to expose workers to particularly high levels of risk;
Whereas this Directive is an individual Directive within the meaning of Article 16 (1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(5); whereas, therefore, the provisions of the said Directive apply in full to surface and underground mineral-extracting industries without prejudice to more stringent and/or specific provisions contained in this Directive;
Whereas the ancillary surface installations of surface and underground mineral-extracting industries which are not essential to the surface and underground mineral-extracting industries as defined in Article 2 (a) of this Directive are subject to the provisions of Directive 89/654/EEC;
Whereas, on 3 November 1992, the Council adopted Directive 92/91/EEC on the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)(6);
Whereas this Directive is a practical contribution towards creating the social dimension of the internal market,
HAS ADOPTED THIS DIRECTIVE:
1.This Directive, which is the twelfth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum requirements for the safety and health protection of workers in the surface and underground mineral- extracting industries defined in Article 2 (a).
2.The provisions of Directive 89/391/EEC shall apply in full to the sphere referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.
For the purpose of this Directive:
surface and underground mineral-extracting industries shall mean all industries practising:
surface or underground extraction, in the strict sense of the word, of minerals, and/or
prospecting with a view to such extraction, and/or
preparation of extracted materials for sale, excluding the activities of processing the materials extracted,
excluding the mineral-extracting industries through drilling defined in Article 2 (a) of Directive 92/91/EEC;
workplace shall mean the whole area intended to house workstations, relating to the immediate and ancillary activities and installations of the surface or underground mineral-extracting industries, including overburden dumps and other tips and accommodation, where provided, to which workers have access in the context of their work.
1.To safeguard the safety and health of workers, the employer shall take the necessary measures to ensure that:
(a)workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and/or health and/or those of other workers;
(b)the operation of workplaces when workers are present takes place under the supervision of a person in charge;
(c)work involving a special risk is entrusted only to competent staff and carried out in accordance with the instructions given;
(d)all safety instructions are comprehensible to all the workers concerned;
(e)appropriate first-aid facilities are provided;
(f)any relevant safety drills are performed at regular intervals.
2.The employer shall ensure that a document concerning safety and health, hereinafter referred to as ‘safety and health document’, covering the relevant requirements laid down in Articles 6, 9 and 10 of Directive 89/391/EEC, is drawn up and kept up to date.
The safety and health document shall demonstrate in particular that:
the risks to which workers at the workplace are exposed have been determined and assessed,
adequate measures will be taken to attain the aims of this Directive,
the design, use and maintenance of the workplace and of the equipment are safe.
The safety and health document must be drawn up before work starts and be revised if the workplace has undergone major changes, extensions or conversions.
3.Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters under his control.
The employer who, in accordance with national laws and/or practices, is in charge of the workplace, shall coordinate the implementation of all the measures concerning the safety and health of the workers and shall state, in his safety and health document, the aim of that coordination and the measures and procedures for implementing it.
The coordination shall not affect the responsibility of the individual employers as provided for in Directive 89/391/EEC.
4.The employer shall report any serious and/or fatal occupational accidents and situations of serious danger to the competent authorities as soon as possible.
The employer shall take measures and precautions appropriate to the nature of the operation:
to avoid, detect and combat the starting and spread of fires and explosions, and
to prevent the occurrence of explosive and/or health-endangering atmospheres.
The employer shall provide and maintain appropriate means of escape and rescue in order to ensure that workers have adequate opportunities for leaving the workplaces promptly and safely in the event of danger.
The employer shall take the requisite measures to provide the necessary warning and other communication systems to enable assistance, escape and rescue operations to be launched immediately if the need arises.
1.Without prejudice to Article 10 of Directive 89/391/EEC, workers and/or their representatives shall be informed of all measures to be taken concerning safety and health at workplaces, and in particular of those relating to the implementation of Articles 3 to 6.
2.The information must be comprehensible to the workers concerned.
1.To ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, measures shall be introduced in accordance with national law and/or practices.
2.The measures referred to in paragraph 1 shall be such that each worker shall be entitled to, or shall undergo, health surveillance before being assigned to duties related to the activities referred to in Article 2 and subsequently at regular intervals.
3.Health surveillance may be provided as part of a national health system.
Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive.
1.Workplaces used for the first time after the date on which this Directive is brought into effect as referred to in Article 13 (1) must satisfy the minimum safety and health requirement laid down in the Annex.
2.Workplaces already in use before the date on which this Directive is brought into effect as referred to in Article 13 (1) must satisfy the minimum safety and health requirements laid down in the Annex as soon as possible and at the latest nine years after that date.
3.When workplaces undergo changes, extensions and/or conversions after the date on which this Directive is brought into effect as referred to in Article 13 (1), the employer shall take the measures necessary to ensure that those changes, extensions and/or conversions are in compliance with the corresponding minimum requirements laid down in the Annex.
Purely technical adjustments to the Annex in line with:
the adoption of Directive in the field of technical harmonization and standardization concerning surface or underground mineral-extracting industries,
and/or
technical progress, changes in international regulations or specifications, and new findings concerning the surface or underground mineral-extracting industries,
shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.
Member States shall be entitled not to apply this Directive to mineral-extraction by dredging provided that they ensure the protection of the workers concerned in line with the general principles of the protection of the safety and health of workers laid down in this Directive, taking into account the specific risks involved in mineral-extraction by dredging.
1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 24 months after its adoption. They shall forthwith inform the Commission thereof.
2.When Member States adopt the measures referred to in paragraph 1, the measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.
3.Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted, or are to adopt, in the field governed by this Directive.
F14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1 Deleted by Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation (Text with EEA relevance).
This Directive is addressed to the Member States.
The obligations laid down in this Annex apply whenever required by the features of the workplace, the activity, the circumstances or a specific risk.
A responsible person who has the skills and competence required for this duty, in accordance with the national laws and/or practices, and who has been appointed by the employer, must at all times be in charge of every workplace when workers are present.
The employer may personally assume responsibility for the workplace as referred to in the first subparagraph, if he has the skills and competence required for the purpose, in accordance with national laws and/or practices.
To ensure workers’ safety and health protection during all operations undertaken, the necessary supervision must be provided by persons having the skills and competence for this duty, in accordance with the national laws and/or practices, having been appointed by the employer or on his behalf and acting on his behalf.
Where required by the safety and health document, a supervisor must visit occupied workstations at least once during each shift.
The employer may personally undertake the supervision referred to in the first and second subparagraphs if he has the skills and competence required for the purpose, in accordance with national laws and/or practices.
When workers are present at any workplace, there must be a sufficient number of workers with the requisite skills, experience and training to perform the tasks assigned to them.
Workers must be given the necessary information, instructions, training and re-training to ensure their health and safety.
The employer must ensure that workers receive comprehensible instructions so as not to endanger their safety and health or those of other workers.
Written instructions specifying rules to be observed to ensure the safety and health of workers and the safe use of equipment must be drawn up for every workplace.
These must include information on the use of emergency equipment and action to be taken in the event of an emergency at or near the workplace.
Safe working methods must be applied at each workplace or in respect of each activity.
Where required by the safety and health document, a system of work permits must be introduced for carrying out both hazardous activities and usually straightforward activities which may interact with other activities to cause serious hazards.
Work permits must be issued by a person in charge before work starts and must specify the conditions to be fulfilled and the precautions to be taken before, during and after work.
The employer must ensure that the measures taken to protect the safety and health of the workers, including the safety and health management system, are regularly reviewed to ensure compliance with this Directive.
Selection, installation, commissioning, operation and maintenance of mechanical and electrical equipment must take place with due regard for the safety and health of workers, taking into consideration other provisions of this Directive and of Directives 89/392/EEC(7) and 89/655/EEC(8).
If located in an area within which risk of fire or explosion from ignition of gas, vapour or volatile liquid exists, or is likely to exist, equipment must be suitable for use in that area.
Equipment must, if necessary, be fitted with suitable protective devices and fail-safe systems.
Mechanical equipment and plant must be of adequate strength and free from patent defect and suitable for the purpose for which it is intended.
Electrical equipment and plant must be of sufficient size and power for the purpose for which it is intended.
Mechanical and electrical equipment and installations must be so installed and protected as to prevent danger.
A suitable scheme should be set up providing for the systematic examination, maintenance and, where appropriate, testing of mechanical and electrical equipment and plant.
All maintenance, examination and testing of any part of the plant and equipment must be carried out by a competent person.
Records of examinations and tests must be made and kept in an appropriate manner.
Adequate safety equipment must be maintained ready for use and in good working order at all times.
Maintenance must be undertaken with due regard to operations.
Where required by the safety and health document, monitoring devices measuring gas concentrations at specified places automatically and continuously, automatic alarms and devices to cut off power automatically from electrical installations and internal combustion engines must be provided.
Where automatic measurements are provided for, the values measured must be recorded and kept as stipulated in the safety and health document.
The use of any open flame and the execution of any work that may give rise to an ignition hazard is prohibited unless adequate safety precautions are taken to prevent the occurrence of fires or explosions.
their suppression at source; or
their extraction at source or removal; or
diliction accumulations of such substances,
in such a way that workers are not at risk.
The system must be capable of dispersing these harmful substances in such a way that workers are not at risk.
In such cases, a sufficient number of workers trained to use such equipment must be present at the workplace.
The equipment must be suitably stored and maintained.
Provision must be made for fast and effective fire-fighting.
Such signs must be placed at appropriate points and be made to last.
Operations involving the storage, transport and use of explosives and initiating devices must be carried out by duly authorized and competent persons.
Such operations must be organized and performed in such a way that there is no risk to workers.
If means of transport are used on traffic routes, a sufficient safety clearance must be provided for pedestrians.
are protected against inclement weather conditions and if necessary against falling objects;
are not exposed to harmful noise levels nor to harmful external influences such as gases, vapours or dust;
are able to leave their workstations swiftly in the event of danger or are able to be rapidly assisted;
cannot slip or fall.
Emergency doors should not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency.
The emergency routes and exits, and the traffic routes and doors giving access to them, must be free from obstruction so that they can be used at any time without hindrance.
Safety drills must be held at regular intervals at all workplaces at which workers are usually present.
The main purpose of such drills is to train and check the skills of workers to whom specific duties have been assigned in the event of emergency involving the use, handling or operation of emergency equipment.
Where appropriate, workers should also be drilled in the correct use, handling or operation of that equipment.
This equipment must be indicated by suitable signs and easily accessible.
Clearly visible first-aid instruction in the event of accidents must be displayed in these rooms.
They must be signposted in accordance with the national regulations transposing Directive 92/58/EEC into law.
This equipment must be suitably marked and easily accessible.
Where that is impossible, workers must be provided with personal lamps.
Changing rooms must be easily accessible, be of sufficient capacity and be provided with seating.
If circumstances so require (e.g. dangerous substances, humidity, dirt), lockers for work clothes must be separate from those for ordinary clothes.
Provision must be made to enable wet work clothes to be dried.
Provision must be made for separate shower rooms or separate use of shower rooms for men and women.
The showers must be equipped with hot and cold water.
Such washbasins must be separate for, or used separately by, men and women when so required for reasons of propriety.
Separate facilities must be provided in the vicinity of workstations, rest rooms, changing rooms and rooms housing showers or washbasins, with an adequate number of lavatories and washbasins.
Provisions must be made for separate lavatories or separate use of lavatories for men and women.
In the case of underground mineral-extracting industries, the sanitary installations referred to in this section may be located on the surface.
Overburden dumps, spoil heaps and other tips, as well as settling lagoons, must be designed, constructed, operated and maintained in such a way as to ensure their stability, as well as the safety and health of workers.
Workplaces must be designed, constructed, erected, operated, supervised and maintained to withstand the environmental forces anticipated.
They must have a structure and solidity appropriate to the nature of their use.
Workplaces containing workstations must be adequately insulated against heat, bearing in mind the type of undertaking involved and the physical activity of the workers.
They must not be positioned so as to constitute a hazard to workers when open.
It must be possible to open them from the inside at any time without special assistance.
It must be possible to open the doors when the workplaces are occupied.
They must be fitted with easily identifiable and accessible emergency shut-down devices and, unless they open automatically in the event of a power failure, it must also be possible to open them manually.
If a forced ventilation system is used, it must be maintained in working order.
Any breakdown must be indicated by a control system where this is necessary for workers’ health.
Any deposit or dirt likely to create an immediate danger to the health of workers by polluting the atmosphere must be removed without delay.
This provision does not apply if the workers are employed in offices or similar workrooms providing equivalent relaxation during breaks.
Appropriate measures should be taken for the protection of non-smokers against discomfort caused by tobacco smoke.
Pregnant women and nursing mothers must be able to lie down to rest in appropriate conditions.
Workplaces must be organized to take account of disabled workers, if necessary.
This provision applies in particular to the doors, passageways, staircases, showers, washbasins, lavatories and workstations used or occupied directly by disabled workers.
Work must be carried out in accordance with the safety and health document.
Consequently, as a preventive measure, the height and slope of overburden-stripping and extraction faces must be appropriate to the nature and stability of the ground and the methods of working.
They must be constructed and maintained in such a way that plant can be moved safely.
Scaling must be carried out where necessary.
Work must be carried out in accordance with the safety and health document.
In addition to roadways and winning areas, they must show the known features which may influence working and safety.
They must be readily accessible and must be kept for as long as is necessary for safety purposes.
All undergound workings must have access to the surface via at least two separate outlets which are soundly constructed and readily accessible to underground workers.
Mechanical manwinding or manriding facilities must be available for these outlets if considerable physical effort is involved in negotiating them.
Workings where underground work is carried out must be constructed, operated, equipped and maintained so that workers can work and move in them with a minimum of risk.
Roadways must be signposted to help workers to find their way about the workings.
Support must be provided as soon as possible after excavation, except where the stability of the ground makes it unnecessary for the safety of workers. Support must be installed in accordance with plans and written instructions.
Workings accessible to workers must be inspected regularly for ground stability, and support maintained accordingly.
Continuous ventilation must be provided to maintain, with an adequate safety margin:
a healthy atmosphere,
an atmosphere in which the risks of explosion and respirable dust are kept under control,
an atmosphere in which working conditions are adequate while work is in progress, having regard to the working methods being used and the physical demands placed on the workers.
Steps must be taken to ensure stable and continuous ventilation.
The depression of the main fans must be monitored continuously, and an automatic alarm must indicate unscheduled stoppages.
A ventilation plan containing the pertinent details of the ventilation system must be prepared, brought up to date periodically and held available at the workplace.
Steps must be taken to eliminate as far as possible the risks arising from firedamp.
Production workings may be ventilated by auxiliary systems only if appropriate additional measures are taken to ensure the safety and health of workers.
Where required by the safety and health document, firedamp levels must also be continuously monitored in return airways from production units using mechanized extraction or underpinning and at the head ends of mechanized blind end workings.
Smoking, carrying tobacco for smoking and any objects which may be used to produce a flame are prohibited.
Flame cutting, welding and other similar operations are permitted only in exceptional circumstances and subject to specific measures ensuring the safety and health of the workers.
The locations of such explosion barriers must be indicated in a document which is brought up to date periodically and held available at the workplace.
The hydraulic fluids must satisfy specifications and test conditions relating to fire resistance and hygiene criteria.
Where hydraulic fluids are used which do not satisfy the specifications, conditions and criteria referred to in the second subparagraph, additional precautions must be taken to avoid the increased risk of fire and its spread.
So that they can withdraw in safety, workers must, where necessary, be provided with self-rescue respiratory protection devices which they must always keep within their reach.
Workers must be trained in the use of these devices.
These devices must remain at the site and be checked regularly to ensure that they are in good condition.
The provisions of section 13 of Part A are replaced as follows:
Workers must be provided with a suitable personal lamp.
Workstations must as far as possible be equipped with artificial lighting adequate for the protection of workers’ safety and health.
Lighting installations must be placed in such a way that there is no risk of accident to workers as a result of the type of lighting fitted.
It must be possible to know exactly who is under ground at any time.
In order to enable suitable action to be taken rapidly and effectively in the event of a major incident, an adequate rescue organization must be set up.
The rescue organization must, in order to be able to act at any site where underground extraction or exploratory workings are in progress, have sufficient trained rescue workers and adequate rescue equipment at its disposal.
OJ No L 183, 29.6.1989, p. 9. Directive amended by Directive 91/368/EEC (OJ No L 198, 22.7.1991, p. 16).
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